Legislative Assembly

Legislative Assembly Tuesday, 11 November 2008 THE SPEAKER (Mr G.A. Woodhams) took the chair at 2.00 pm, and read prayers. TELEVISION FOOTAGE AND PHOTOGRAPHS Statement by Speaker THE SPEAKER (Mr G.A. Woodhams): Members, I have given permission to the media for this first full sitting day of Parliament to use television cameras and still cameras in the north and south doors of the chamber and in the public and press galleries until approximately 15 minutes into question time. HON PETER DURACK Condolence Motion MR C.J. BARNETT (Cottesloe — Premier) [2.01 pm] — without notice: I move — That this house records its sincere regret at the death of Hon Peter Durack and tenders its deep sympathy to his family. Peter Durack was a man of great ability and integrity. He chose a life of public service in preference to the less demanding but distinguished career that he would otherwise have enjoyed in law. His service of one term in the Legislative Assembly is clearly of less significance than his 22 years as a senator for Western Australia and his contribution as Attorney-General in the commonwealth government, but it is an example of his commitment to the Western Australian community. Peter Durack had an outstanding academic record as an honours graduate in law at the University of Western Australia, as the Western Australian Rhodes Scholar for 1949 and, subsequently, as a graduate in law of Oxford University. His standing among his contemporaries is shown by his election as president of the University of Western Australia Guild of Undergraduates in 1948 and as president of the National Union of Australian University Students. On his return to legal practice in Perth in 1954, Peter Durack became strongly involved in the Liberal Party and chaired the campaign that regained the seat of Subiaco at the 1959 state election. In 1965 he contested the seat of Perth—in those days consisting of the inner city, West Perth, East Perth, Northbridge and Highgate—an area held by Stan Heal for the Australian Labor Party since 1953. Peter Durack captured the seat by a majority of 207 votes. It was no easy task to represent a marginal diverse electorate such as Perth in an era before members were given electorate offices and staff. Peter Durack, however, had an abiding interest in people and a conscientious regard for his electors. As one of the few lawyers in the Parliament, his legal skills made him a valuable chairman of two select committees and he won respect for voting in 1966 for the retention of the Barracks Arch. However, at the 1968 election with the tide running against the Brand coalition government in the metropolitan area and demographic change in the Perth seat, Peter Durack was defeated along with two Liberal colleagues. We can speculate that if he declined to commit himself so unselfishly to the Perth electorate, he might have waited and secured a stronger Liberal seat and a long career in this Parliament. Peter Durack’s commitment to the Liberal Party and to public service was not diminished by this setback. In that same year of 1968, he was elected as state president of the Liberal Party. In 1970 he was elected senator for Western Australia to commence his term in July 1971. Within three years he became the shadow Minister for Communications, and in 1976 he filled an early vacancy in the Fraser government as Minister for Veterans’ Affairs. The following year he was appointed Attorney-General, and in 1978 he was appointed deputy leader of the government in the Senate, serving until 1983. As Attorney-General for more than five years, Peter Durack was the architect of the first freedom of information laws, and also of the administrative appeals process. He upheld the principle of equal opportunity and insisted that it apply within his own department. He was meticulous in fulfilling his responsibility for making and recommending judicial appointments, without intruding any sub-agendas. Within the federal Liberal Party and within cabinet he was a strong federalist who would push the viewpoint of Western Australia, generally without receiving public credit for his efforts. Peter Durack was not a dynamic speaker and had something of a reticent personality. Nonetheless, his speeches were invariably careful, thorough and honest. He sought to engage with the community on a wide basis and, accordingly, to give of himself in travelling around Western Australia. He had a very strong commitment to the Liberal Party organisation, and on as many as eight occasions he was chosen to fill secure positions on Liberal Senate tickets, as the turbulence of the period 1970 to 1987 had resulted in additional unscheduled elections. [ASSEMBLY - Tuesday, 11 November 2008] 63 Peter Durack served as Deputy Leader of the Opposition in the Senate between 1983 and 1987, and again between 1990 and 1992. During these periods he was a conscientious and reliable shadow Attorney-General and shadow Minister for Resources and Energy, and Defence. Following his retirement from the Senate in 1993, he maintained his loyalty to the Liberal Party as a former state president and as a member almost until his death. He was able to enjoy extensive travel and the company of family and friends before he became seriously unwell in recent times. I note that last Friday it was announced by the Australian Electoral Commission that the federal seat stretching from the northern wheatbelt to the Kimberley would be named Durack after the Durack family of which Peter was a distinguished member. Peter Durack set a splendid example of honourable public service in two very different parliamentary settings. On behalf of all members, I extend our deepest sympathy to Dr Isabel Durack and to Philip and Anne and their families. MR E.S. RIPPER (Belmont — Leader of the Opposition) [2.07 pm]: On behalf of the state Parliamentary Labor Party, I would like to join the Premier in extending our sympathies to the family of Peter Durack. On behalf of the state Parliamentary Labor Party, I am also pleased to have the opportunity to recognise the life and contribution of Peter Durack, who died in July this year aged 81. Many members here today would be familiar with the very significant contribution Peter Durack made to the political life of Australia, and to his own state of Western Australia over three decades, both as the MLA for Perth from 1965 to 1968 and as a Liberal Senator for Western Australia from 1971 to 1993. Born into one of Western Australia’s legendary farming families, Peter’s interest in politics began as a student when he co-founded the University of Western Australia Liberal Club while studying law at the University of Western Australia. Peter Durack was a brilliant student and lawyer. He was the state’s 1949 Rhodes Scholar and was appointed a Queen’s Counsel in 1978. Among the many other honours he received he was also recognised with life membership of the Law Society of Western Australia. He is remembered by his colleagues for his intelligence and depth of knowledge of not only the law but also the political system, in which he had a passionate interest. It was his excellence as a lawyer that would lead to his appointment as federal Attorney- General from 1997 to 1983 and the opportunity for him to bring his great legal skills and insights to bear on the legislation of that period. His commitment to the administration of the law and the ability of citizens to access the law is reflected in his maiden speech in this place on Tuesday, 10 August 1965, when he rose to speak as the MLA for Perth. He spoke in his speech of the increasing demands by the citizens of the community for expert legal aid and guidance, and of the difficulties they faced due to the cost of obtaining legal advice, and he urged that ways be found to provide a proper legal aid scheme for the citizens of this state so that they could exercise their legal rights and seek the protection of the law. Many years later, he was an architect of the administrative appeals process, which further enhanced the ability of citizens to exercise their rights to appeal against a range of government decisions. In his maiden speech in this place, he also spoke at length about plans for the development of Perth, including the appointment of several overseas experts; the need for input by citizens; criticism of bureaucrats for deciding matters “solely on the basis of efficiency and material progress”; and outlined his support for plans to beautify the approaches to the Narrows Bridge to allow the citizens of Perth to get closer to the river and to be able to enjoy it. As the Premier has noted, Peter Durack voted in 1966 for the retention of the Barracks Arch. At the federal level, where he spent 22 years in Parliament, he is remembered for his contribution to making government more accountable, in particular, with the introduction of the Freedom of Information Act. The significance of this act cannot be underestimated as it gave Australians, for the first time, legally enforceable rights to access information held by government. There is no doubt that this legislation represented a fundamental foundation for improving civil liberties for all Australians. It is, however, Peter Durack’s personal qualities, often mentioned in the obituaries and tributes, that strike me as particularly worthy of comment. He was often described as ethical, and former Liberal MP and fellow Western Australian Fred Chaney echoed this when he said that Peter Durack was a man of principle and would be remembered for his absolute integrity as Attorney-General.

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